Is this land mine now?

nikki2804

I know that in Scots Law you can fence of land, register it with the Land Registry and if no one contests it after 10 years then it legally becomes yours. Not sure if the same applies elsewhere though.

Davesnave

nikki2804 wrote: »

I know that in Scots Law you can fence of land, register it with the Land Registry and if no one contests it after 10 years then it legally becomes yours. Not sure if the same applies elsewhere though.

In a word, no, so it's probably best to let the OP rely on the info already given in the Land Registry link, unless they suddenly reveal that they are in Scotland.

C_Mababejive

So to summarise, dont make waves,,just enjoy the use of your newly acquired land and hopefully no one will notice or lay claim to it.

45002

Takeaway_Addict wrote: »

I keep reading the title as 'Is this a land mine'

Should go off with a bang !:beer:

Bsnimunf

tafin wrote: »

Seems a little long winded to officially claim it as mine.

That is because its not yours. Anyone could say they have been maintaining a piece of land for 18 years it doesn't mean they can go put it up for sale in an estate agents window.

ValHaller

tafin wrote: »

I'm about to put my house up for sale but unsure whether this extra piece will become an issue and if so what I can do about it.

In your position, I would reinstate a fence or make sure that a fence was in place dividing your registered land from the other piece - but leave a gate in place.

For selling, I would leave the gate open, but not show this part unless asked and I would not have it described in the details. I would explain the situation to my solicitor and make a Statutory Declaration as to the use of the land and the dates to be passed to the eventual buyer for them to make any adverse possession claim.

Essentially the marketing of the property is about setting expectations. It is far more attractive sold as the original plot plus a chance at the extra land rather than the larger plot with a risk of losing some.

googler

nikki2804 wrote: »

I know that in Scots Law you can fence of land, register it with the Land Registry and if no one contests it after 10 years then it legally becomes yours. Not sure if the same applies elsewhere though.

Don't you mean Registers of Scotland?

Got any links to this law?

nikki2804

googler wrote: »

Don't you mean Registers of Scotland?

Got any links to this law?

Its called adverse possession and its in the 'Land Registration (Scotland) Act' The 1979 act quoted 12 years however the 2002 amendment reduced this period to 10.

Yes I meant the Registers of Scotland, pregnancy is rapidly depleting my brain cells.

Wellieboot

Short version:
Yes, it sounds to me as though you probably do have a case to claim Adverse Possession, however it will take a LONG time and you have no guarantee that it will go in your favour.

Long version:
My Mum came across a similar situation when buying a cottage in Cornwall last year. There was a large area of parking (3-4 cars) to the rear which was included in the EA property description. The only other available parking was one mini-sized space outside the front door that you had to reverse up a tiny lane to access.

When she received the contract she realised that the parking area to the rear (along with a large chunk of the garden) was not within the boundary of the property but belonged to the large country estate next door. She queried this with the vendors who said "Oh yes, but it's ok, we've been using it for years with no problem"!!

Without the parking and garden, the cottage was worth ALOT less than they were advertising it for and we were quite stunned that the they thought a buyer would either not notice the discrepancy, or just go along with the reassurance that it would 'probably be ok'!

The vendors had gated and maintained the area and had had exclusive use for about 15 years and could prove this with photos. This meant that, under English law, they could put in an application for Adverse Possession (it has to be done by the person who can prove exclusive and uncontested use for more than 12 years, the right to claim AP does NOT transfer to the new owner). The process took almost a year from start to finish, including assessments and visits by the Land Registry and a 3-month window for the registered owners to object (thankfully they did not). Happily my Mum was in a position to wait it out. The price was very good and she really loved the house (and still does ).

However, it is unlikely that you will find such a patient buyer!

So I agree with ValHaller - don't include the extra land in the details, or value of the house but make it known that the buyers will probably be able to continue to use the land as you have done. In that way it becomes a nice surprise bonus feature without you making any promises or misleading anyone.

If you have time to wait, and the extra land would substantially add to the value, then it may well be worth finding out more about the possibility of you claiming Adverse Possession.